Is Fiancee visa the fastest way?

[helga brunner]

Hello, my name is Helga and I'm Indonesian, currently travelling to US with tourist B2 visa to visit my boyfriend which is a US citizen. We are planning to get married, and right now considering the easiest, safest, and fastest way, since we don't want to be apart for too long if possible.

We have a choice of :
1. Applying for K-1 visa once i'm back to Indonesia, wait there for couple of months, and once it's granted, entering US with fiance visa, and get married afterwards.

or :

2. Get married in the US, and then go back to Indonesia ( before my I-94 expires ), wait there while my boyfriend apply I-130 for my residence permit, and after it's granted, move to US.

which one is the fastest way - and the safest way, since we don't want to risk our relationship by doing anything illegal - ?

thank you

[sun-doc]

Hello, my name is Helga and I'm Indonesian, currently travelling to US with tourist B2 visa to visit my boyfriend which is a US citizen. We are planning to get married, and right now considering the easiest, safest, and fastest way, since we don't want to be apart for too long if possible.

We have a choice of :
1. Applying for K-1 visa once i'm back to Indonesia, wait there for couple of months, and once it's granted, entering US with fiance visa, and get married afterwards.

or :

2. Get married in the US, and then go back to Indonesia ( before my I-94 expires ), wait there while my boyfriend apply I-130 for my residence permit, and after it's granted, move to US.

which one is the fastest way - and the safest way, since we don't want to risk our relationship by doing anything illegal - ?

thank you

Dear Helga,

Hope this finds you well, and enjoying your current trip to the USA. . Now I am just a novice in these forums, but from what i have read and learnt is this :- B-2 visa is a visa granted for Tourism or Medical purposes ONLY. incase u get married while you are on that visa, it may well be seen as fraud by the USCIS. So in my view, Go with Choice 1.

Make sure that you make the most out of your trip.. click loads and loads of photos together, with your boyfriend, with his family etc. incase you going somewhere, where it requires any tickets / travel tickets keep them.
Later when u apply for K 1 Visa... what USCIS needs is proof of your relation. Also at that time, when they see that u legally abided by the rules of the B-2 tourist visa, it will only be a plus point to grant you further visas.

Although somewhere, i have also read about some people getting married on B2 and then submitting I-130 and adjustment of status.. But hassle free would still be what i mentioned above

Regards

[helga brunner]

Thank you

Thank you for your input sun doc so far i also do feel the same way too !

Dear Helga,

Hope this finds you well, and enjoying your current trip to the USA. . Now I am just a novice in these forums, but from what i have read and learnt is this :- B-2 visa is a visa granted for Tourism or Medical purposes ONLY. incase u get married while you are on that visa, it may well be seen as fraud by the USCIS. So in my view, Go with Choice 1.

Make sure that you make the most out of your trip.. click loads and loads of photos together, with your boyfriend, with his family etc. incase you going somewhere, where it requires any tickets / travel tickets keep them.
Later when u apply for K 1 Visa... what USCIS needs is proof of your relation. Also at that time, when they see that u legally abided by the rules of the B-2 tourist visa, it will only be a plus point to grant you further visas.

Although somewhere, i have also read about some people getting married on B2 and then submitting I-130 and adjustment of status.. But hassle free would still be what i mentioned above

Regards

[cafeconleche]

I disagree. There is NOTHING wrong with getting married on a B2 visa. The issue is with adjusting status immediately after getting married while remaining in the country IF you entered the country with the INTENTION of adjusting status. If you enter with the intention of getting married and then leave and follow the consular processing route from Indonesia, you've done everything legally. If, for example, you enter the US WITHOUT THE INTENTION to get married and adjust status, and you then decide, when you're already in the US, to do that, it is also legal.

So, technically at this point you have intent to immigrate, which would make adjusting status while in the US contrary to the B2 visa's purpose, in which case you can marry, leave before your I94 expires, wait until you get an immigrant visa in Indonesia. Of course, you might have trouble at the port of entry if you declare your intention to marry during the trip, even if you say you will leave. It'd be better to enter with the sole declared intention of visiting, and then decide to marry once you're in the country. If then, you decide to adjust status, then you'd be doing nothing wrong.

[helga brunner]

cafeconleche

hi cafeconleche,

thank you for your input Im wondering : how can i prove to the immigration that i trully entered US with the travel purpose, AND not to get married, what proof do they need? Is it just based on my story - which means the result depends on how the immigration worker sees it ?

I disagree. There is NOTHING wrong with getting married on a B2 visa. The issue is with adjusting status immediately after getting married while remaining in the country IF you entered the country with the INTENTION of adjusting status. If you enter with the intention of getting married and then leave and follow the consular processing route from Indonesia, you've done everything legally. If, for example, you enter the US WITHOUT THE INTENTION to get married and adjust status, and you then decide, when you're already in the US, to do that, it is also legal.

So, technically at this point you have intent to immigrate, which would make adjusting status while in the US contrary to the B2 visa's purpose, in which case you can marry, leave before your I94 expires, wait until you get an immigrant visa in Indonesia. Of course, you might have trouble at the port of entry if you declare your intention to marry during the trip, even if you say you will leave. It'd be better to enter with the sole declared intention of visiting, and then decide to marry once you're in the country. If then, you decide to adjust status, then you'd be doing nothing wrong.

[cafeconleche]

Yeah, they'd look at your story, and your experience at the POE. For example, is they search your stuff at the POE and see evidence that you don't intend to leave, but they let you in anyway, there could be notes in the system that could jeopardise your case.

[helga brunner]

Poe

when i enter US from LAX, they didnt check my baggage, didnt even open or touch it. but i really entered US for travel purpose onl ( i have some families here too ). Hope somebody can give me some clues on how to convince the immigration - if i got married here. Some also suggested me to just get married in the US - coz some cases were successful.

Yeah, they'd look at your story, and your experience at the POE. For example, is they search your stuff at the POE and see evidence that you don't intend to leave, but they let you in anyway, there could be notes in the system that could jeopardise your case.

[ramz]

Is Fiancee visa the fastest way?

Your already in the Us anyways , you can go ahead and get married then fille, I didn't come to the Us to get married but it happen and I got married a day after I got into the Us am worried like you but have know my husband for almost 2 years , the thing is that no one knows how the immigration process is gonna turn out but people here give suggestion base on what they experience or see people go through , I flied after getting married here last year my interview is next week I can't say am 100% sure of what's gonna happen at the interview but I just have to pray and hope for the best, what am trying to say is that you and your husband and document you sumit will prove a lot if your gonna file go ahead and gather as many document pictures etc and get ready for what even comes along the process above all best of luck if you don't file you will never know what's in front of you or whats gonna happen .

[helga brunner]

good luck

Hi ramz, congratulations on your wedding and good luck on your interview tell me about your story, after you got married last year, how did you keep staying in the US?

Your already in the Us anyways , you can go ahead and get married then fille, I didn't come to the Us to get married but it happen and I got married a day after I got into the Us am worried like you but have know my husband for almost 2 years , the thing is that no one knows how the immigration process is gonna turn out but people here give suggestion base on what they experience or see people go through , I flied after getting married here last year my interview is next week I can't say am 100% sure of what's gonna happen at the interview but I just have to pray and hope for the best, what am trying to say is that you and your husband and document you sumit will prove a lot if your gonna file go ahead and gather as many document pictures etc and get ready for what even comes along the process above all best of luck if you don't file you will never know what's in front of you or whats gonna happen .

[ramz]

Is Fiancee visa the fastest way?

Thanks Helga brunner,, my visa was still valid when I applied never over stayed after 2 month of applying I got my EAD/ AP so that kept legal here.

[helga brunner]

hi ramz

Hi ramz, sorry if i'm asking too much, but hopefully the answer can be a lot of help for everyone who read it in the future.
So, when you got married, did you have B2 / tourist visa before? and, how dod you get your EAD if you arrived in the US as a tourist? I wonder if i can follow the same procedure that you are taking.

thank you ramz..

Thanks Helga brunner,, my visa was still valid when I applied never over stayed after 2 month of applying I got my EAD/ AP so that kept legal here.

[ramz]

Is Fiancee visa the fastest way?

Yes I had a tourist visa , and when I got married my husband filled for AOS and after 2 month of filling I got my EAD/AP . But i came in without any intention of staying cos I usually stay 3 weeks on my trip , I file when my visa and i94 was still valid but I couldn't travel out cos I just wanted to finish the whole process that means quitting my job in my country cos my husband didn't want me work anymore, but it wasn't easy staying home and not working cos am use to doing something so even after I got my EAD I still didn't work , we are planning on starting our own business in the future . Hope dis helps.

[helga brunner]

hi ramz

hi ramz, i wonder what happened to your interview, how was it? was it succesful? what questions did they ask you?

Thanks Helga brunner,, my visa was still valid when I applied never over stayed after 2 month of applying I got my EAD/ AP so that kept legal here.

[ramz]

Is Fiancee visa the fastest way?

Hello, I had my interview on 16, it went well and I got approved, thanks for checking hope yours is working out well. Good luck .

[ramz]

Is Fiancee visa the fastest way?

Just got my welcome letter today , got am email that said my card has been mailed today but no tracking number yet. Just can't wait to get it so I can travel been away from my family for 7month glad everything went well thanks everyone God bless you all.